B.X., a minor v. Hayes et al
| B X B.X., a minor and B. X. |
| Servando Barrera Office of Refugee Resettlement, Director Scott Lloyd Office of Refugee Resettlement, Jonathan Hayes and Servando Barrera |
| 1:2019cv00017 |
| February 12, 2019 |
| US District Court for the Southern District of Texas |
| Fernando Rodriguez |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on April 10, 2019. A more recent docket listing may be available from PACER.
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Filing 24
Order entered by the Court. It is Ordered that Plaintiff B.X's Motion for Preliminary Injunction is granted in part and denied in part. It is also Ordered that by no later than fifteen business days after receipt of an application by the Sewell family, ORR shall render a decision regarding whether it approves release of B.X to the Sewell family. ORR shall consider that Sewell family as potential sponsors without regard to the Pre-Existing Relationship requirement in Section 2.2.4 of the ORR guide. All other relief not expressly granted is denied. (Signed by Judge Fernando Rodriguez, Jr) Parties notified.(dbenavides, 1)Image replaced due to typographical error; parties notified. (Main Document 24 replaced on 4/10/2019) (rdv, 1).
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Filing 23
ORDER EXTENDING TEMPORARY RESTRAINING ORDER. Accordingly, pursuant to Federal Rule of Civil Procedure 65, it is ORDERED THAT: Respondents shall continue to maintain care and custody of the Petitioner in the BCFS Facility; respondents are enjoined from transferring or relocating Petitioner from the BCFS Facility, and are enjoined from transporting Petitioner outside of Willacy County or Cameron County, Texas, without an Order from the Court; and This Temporary Restraining Order shall expire on the earlier of 5:00 p.m. (central standard time) of Friday, April 12, 2019, or by Order of the Court. (Signed by Judge Fernando Rodriguez, Jr) Parties notified.(bcampos, 1)
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| Filing 22 AO 435 TRANSCRIPT REQUEST by E. Paxton Warner for Transcript of 3/25/2019. Ordinary (30 days) turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. Electronically forwarded to Exceptional on 04/04/2019 Estimated Transcription Completion Date: 05/06/2019 (Warner, Eric) Modified on 4/4/2019 (dbenavides, 1). |
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Filing 21
ORDER EXTENDING TEMPORARY RESTRAINING ORDER, entered. Accordingly, pursuant to Federal Rule of Civil Procedure 65, it is ORDERED THAT: Respondents shall continue to maintain care and custody of the Petitioner in the BCFS Facility; Respondents are enjoined from transferring or relocating Petitioner from the BCFS Facility, and are enjoined from transporting Petitioner outside of Willacy County or Cameron County, Texas, without an Order from the Court; and This Temporary Restraining Order shall expire on the earlier of 5:00 p.m. (central standard time) of Friday, April 5, 2019, or by Order of the Court. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (mperez, 1)
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| Filing 20 BRIEF In Support Post Hearing Brief by B. X., filed.(De Anda, Ricardo) |
| Filing 19 **FILED IN ERROR*** BRIEF In Support Post Hearing Brief by B. X., filed.(De Anda, Ricardo) Modified on 3/27/2019 (dnoriega, 1). |
| Filing 18 Government's Motion Hearing EXHIBIT #3(bcampos, 1) |
| Filing 17 Plaintiff's Motion Hearing SEALED EXHIBITS #1-7 by B. X., filed. (bcampos, 1) |
| Filing 16 Petitioner's Traverse filed by B. X.. (De Anda, Ricardo) Modified on 3/25/2019 (bcampos, 1). |
| Minute Entry for proceedings held before Judge Fernando Rodriguez, Jr. MOTION HEARING held on 3/25/2019 regarding #11 MOTION for Temporary Restraining Order. Appearances: Ricardo Efrain De Anda and Karla Vargas, f/Plaintiff, Eric Paxton Warner and John Smith, AUSAs f/Govt; (ERO: Ednita Ponce) (Law Clerk: Luke Schamel) [Court time: 1:27-3:49 /3:58-5:20]. Case was called; all parties ready to proceed. The Court addressed the parties. Plaintiffs counsel gave summary of case; Defendants counsel gave their response. Plaintiffs witness, Dr. Amy Cohen sworn in / testified / cross examined / re-directed / re-crossed / examination by the Court/ stepped down. Plaintiffs witness, Holly Sewell sworn in / testified / Plaintiffs exhibits 1-7 admitted under seal / cross examined / Govs Exhibit #3 admitted / stepped down. Court recessed. Court resumed. Defendants witness, Servando Barrera sworn in / testified / cross examined / examination by the Court / stepped down. The Court addressed the parties; arguments were heard; motion was was taken under advisement. The court will extend the TRO deadline absent a ruling. Court adjourned. (bcampos, 1) |
| Filing 15 SEALED EXHIBITS 1A through 1G to Exhibit 1 Declaration of Servando Barrera re: #14 Response to Motion by Servando Barrera, Jonathan Hayes, filed. (Warner, Eric) |
| Filing 14 RESPONSE to #11 Ex Parte MOTION for Temporary Restraining Order filed by Servando Barrera, Jonathan Hayes. (Attachments: #1 Exhibit Declaration of Servando Barrera, #2 Exhibit Declaration of Jallyn Sualong)(Warner, Eric) |
| ***Set/Reset Deadlines as to #11 Ex Parte MOTION for Temporary Restraining Order : Motion Hearing set for 3/25/2019 at 01:30 PM in Courtroom 6 before Judge Fernando Rodriguez Jr (bcampos, 1) |
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Filing 13
TEMPORARY RESTRAINING ORDER. A hearing shall be held on Monday, March 25, 2019, at 1:30 p.m., at which time the Court will consider Petitioners Motion for Preliminary Injunction and Issuance of a Writ of Habeas Corpus (Doc. 11) and Petitioners Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief (Doc. 4). Respondents shall file a responsive brief by no later than noon on March 22, 2019., (Signed by Judge Fernando Rodriguez, Jr) Parties notified.(csustaeta, 1)
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| Filing 12 NOTICE of Setting. Parties notified. In Chambers Telephonic Conference set for 3/15/2019 at 04:00 PM before Judge Fernando Rodriguez Jr, filed. (amora, 1) |
| Filing 11 Ex Parte MOTION for Temporary Restraining Order by B. X., filed. Motion Docket Date 4/5/2019. (Attachments: #1 Continuation Petitioner's Memorandum of Law in Support of Emergency Motion for Temporary Restraining Order and Preliminary Injunction, #2 Proposed Order Petitioner B.X.'s Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Issuance of a Writ of Habeas Corpus)(De Anda, Ricardo) |
| Minute Entry for proceedings held before Judge Fernando Rodriguez, Jr: IN CHAMBERS TELEPHONE CONFERENCE held on 3/15/2019. Appearances: Paxton Warner (AUSA), Sarah B. Fabian (AUSA), Ricardo Efrain De Anda (Atty for Petitioner). (Court Reporter: N/R) [Time: 4:04-4:32]. Case was called; counsel made their appearances. Discussions held as to Petitioner B.X.s Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Issuance of a Writ of Habeas Corpus [#11]. Court granted the TRO, ordering respondents to immediately return Petitioner to the BCFS Facility in Raymondville, among other relief. Court will issue written TRO and set all pending issues for a hearing on 3/25/19 at 1:30 p.m. Respondents were ordered to respond to the TRO by noon on 3/22/19, filed. (amora, 1) |
| Filing 10 CERTIFICATE OF SERVICE by B. X., RETURN of Service of SUMMONS Executed as to Jonathan Hayes served on 2/27/2019, answer due 4/29/2019, filed.(De Anda, Ricardo) |
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Filing 9
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/30/2019 at 01:30 PM in Courtroom 6 before Judge Fernando Rodriguez Jr(Signed by Judge Fernando Rodriguez, Jr) Parties notified.(JenniferLongoria, 1)
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Filing 8
ORDER entered. The Court withdraws the referral to Magistrate Judge Ronald G. Morgan. The Court further orders that Cause Action No. B-19-017 be heard by this Court. (Signed by Judge Fernando Rodriguez, Jr) Parties notified.(JenniferLongoria, 1)
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| Filing 7 Request for Issuance of Summons as to Jonathan Hayes, filed.(De Anda, Ricardo) |
| Filing 6 Return of Service Unexecuted as to Scott Lloyd re: Petition of Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief and Exhibts 1-10 with Order and Summons of Issuance, filed.(De Anda, Ricardo) |
| Filing 5 RETURN of Service of SUMMONS Executed as to Servando Barrera served on 2/14/2019, answer due 4/15/2019, filed.(De Anda, Ricardo) |
| Filing 4 First AMENDED COMPLAINT against Jonathan Hayes filed by B. X.. Related document: #1 Petition for Writ of Habeas Corpus filed by B. X..(De Anda, Ricardo) |
| Summons Issued as to Jonathan Hayes. Issued summons delivered to plaintiff in person, filed.(gsalinas, 5) |
| Summons Issued as to (1) Servando Barrera and (2) Scott Lloyd. Issued summons delivered to plaintiff in person, filed.(dnoriega, 1) |
| Filing 3 Request for Issuance of Summons as to Servando Barrera, Scott Lloyd, filed. (Attachments: #1 Additional Summons)(De Anda, Ricardo) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/23/2019 at 02:00 PM in Courtroom 2 before Magistrate Judge Ronald G Morgan(Signed by Magistrate Judge Ronald G Morgan) Parties notified.(JenniferLongoria, 1)
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| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number 0541-21857163) filed by B X B.X., a minor.(De Anda, Ricardo) |
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